National Law from Below - Development, Social Movements, and Third World Resistance - Book Report/Review Example

tional Law from Below: Development, Social Movements and Third World Resistance by Balakrishnan Rajagopal (BOOK SUMMARY) CHAPTER 2 (pp 36) “International Law from Below: Development, Social Movements and Third World Resistance” is a celebrated book on international law by renowned writer and scholar Balakrishnan Rajagopal. The author has interconnected the international politics with transnational social movements, and has stated these movements as the regulating forces that have significant impact on contemporary international politics and relations. The wonderful composition discusses the international law keeping in mind the social movements organized in the third world countries. The growth of social institutions and the concept of third world have also been elaborated in the book. The first chapter of the book focuses on the nature and work of social movements in third world countries. Some of these movements go in line with international law, while many of them refute the concept and resist the existence of transnational law. In the same way, some of the resistances are taken as valid, while many of the movements working in contradiction to the interests of international powers are kicked out by declaring them as illegitimate and illegal in nature and scope. The author views this system resembling the imperialism of colonial type, where the freedom movements active against the interests of imperialistic states of the globe, were crushed with an iron hand. Further, as social movements are the sign of resistance, it is not only against the command or authority; rather, resistance might be in favor of some human right or so. International law supports some of the social movements which are perhaps in the interests of big powers. In the same way, it condemns those resisting forces launched by the oppressed that are contradictory to them. The western nations look into the movements of third world countries with colored spectacles. The local governments also look helpless while facing the commands directed by the super powers regarding some specific policy formulation and implementation. Though international law and its statutes had been introduced to combat criminalization prevailing in the global arena, it hardly focused its concentration on the same lines on which its foundation stone was laid down. The economic giants of the world exploit the third world nations in the name of development programs, which they launch though they seldom intend to implement in the real meanings. Development schemes of such kind bring sufferings and humiliation to the subjects of third world countries by discouraging the resisting movements and plans. The west maintains prejudice while policy making between Christians and non-Christians. The political and economic strategies like new world order, globalization and WTO have been drafted to give old colonization a new form, where the third world countries remain as their economic slaves forever and ever. The institutions performing under the rules of international law as well as development and aid systems simply prolong the rule of the western strategies all over the globe. The western lawyers seek the universality of international law based on equality and justice. On the other hand, the lawyers belonging to the third world absolutely declare it as a source of afflicting the will and domination of great powers with the help of statute of law. The economic powers themselves promote human rights movements to permeate their hypocrite benefits and interests in the poor states. Such movements divide the nations and they start deviating from solving their real issues by getting indulged into useless pursuits of lesser significance. It is therefore, they project the social movements like human rights etc, but destabilize other activists who reveal their hypocritical attitude. CHAPTERS 3 & 4 (pp 39-94) International law, according to Rajagopal, directly and indirectly supports the developed countries maintain their status quo regarding dominating over the developing countries of third world. International lays stress on the importance of human rights, but unfortunately it acts in sharp contrast with its true spirit. Moreover, Rajagopal has elaborated the Mandate system introduced by the winners of World War I to administer the captured territories of Turkey and Germany. The victorious countries including England, France and the USA had different opinions over either to annex the territories of the defeated nations or to appoint international administration team. Article 22 of the League of Nations defined mandate system. In theory, the Mandate system had the benevolent intention of preparing the natives of various regions for self government. But in practice, it had a mala fide intention of granting of mandates simply meant granting of spoils to the different winning allied governments. The contemporary international institutions have applied the same mandate system that is the reflection of the post World War I mandate system; where the western governments are exploiting the third world nations economically, politically and socially. Their aid in respect of food, agriculture, health and developments sectors possess their urge to retain the status of master and slave between developed and developing countries respectively. They look promoting their industries by exploring new markets in the world, and have least desire for the uplift of the poor nations on humanitarian grounds. United Nations Conference on Trade and Development (UNCTAD) makes decisions in secret meetings and the policy announced after so called G-8 conferences try to show sympathies towards the betterment of the people of oppressed nations leading a miserable life in the third world countries. Before the establishment and growth of this institution, the third world countries in a better position in respect of economic growth. But as soon as the aid programs of the United Nations made their headway under the supervision of the big powers, the volume of trade and commerce definitely increased in third world countries, but the aid programs put them into the vicious cycle of loans from developed countries. The developed countries needed only markets to sell their products. At first, they introduced their products at the name of aid. As soon as the third world countries get accustom to these products, they sell it at comparatively higher price, disturbing the equilibrium of export and import of the third world economies. Similarly, the Western powers have devised New International Economic Order (NIEO), which stresses all the nations of the world to adopt the patterns of formal proposals for a New International Economic Order were apparently presented by the developing countries from the platform of the nonaligned movement in 1973. “The origins of the NIEO however”, according to R. J. B. Jones, “can be traced back to the Havana Conference in 1948 and stem from economic and political tensions that had been building between the developing and developed nations.” The Western powers intended to alter the statutes of International Law by (mis)using the platform of United Nations General Assembly and its resolutions for the interest of the great economies of the world. They urged for establishing new organizations from its platform where the demand for international peace, justice, solidarity and development can be made. .It enhanced the interferences of the developed countries into external as well as internal policy makings of the developing countries dragging them into the darkness of dependence and slavery. The future generations have to pay ransom amount for that all, and their country cannot adopt a bold political or economic policy independently. CHAPTERS 5 & 6 (pp 95-170) Chapter 5 discusses the international economic law and the role of Bretton Woods International in respect of regulating economic difficulties of third world countries and influencing their policies in exchange. The institutions working under this plan including International Monetary Fund and the World Bank, issue loans to the third world states to support their government activities. But this trend has left indelible imprints on the feeble economies, and they have to comply with the terms and conditions directed by the IMF and other such financing organizations at political and financial levels. These institutions have determined new goals to the international politics, because these economical organizations work under the instructions of western powers, which control the politics and economies of poor nations according to their own will. By this, they get command over the foreign, interior and financial strategies of developing countries. Chapter 6 examines the legal and political framework of post cold war era at global level. Rajagopal defines the facts why the super powers stress on the significance of democracy especially in third world countries. The writer seeks direct link between democratization and market exploration of great economies, and its impacts on international law. The developed countries rule over the Third World with the help of statutes of International law, which urges the nations implement democracies in their states. The democratic governments are more lenient towards the international masters and seldom resist from their dictations. Democracy is the invention of western countries, and by applying it into developing countries simply means capturing them with the shackles of their own ideology. All the social movements started in different parts of the world demanded democratic system of government; all such movements maintained the support of the USA and the UK, who successfully won the battle of ideology at international arena. CHAPTERS 7 & 8(pp 171-215) Rajagopal criticizes the human rights campaign instigated by the developed countries in the developing countries. The writer terms the resistance movements contradictory to the national cause. Though the foundation of the UNO was laid on the name of the safety and protection of human rights, yet the west always strived to exploit the term by giving way to its own culture, civilization, norms and values in the Third World so that the subjects follow and imitate the patterns of the west thinking them true, modern, advance and progressive. It is actually suppression of cultural values and freedom in the name of human rights and modernization. They are introducing violence of old imperialism by backing the social movements to fish in troubled waters. The lawyers from all corners of the world at large believe human rights movements must be launched to eradicate social inequality and injustice. On the other hand, the contemporary social movements, supported by the west, promote social conflict between different socioeconomic classes; and the movements like feminist, peasantry, labor movement and alike destroy the peace of third world societies by encouraging conflicts on class, community, religion, gender as well as sex orientation bases putting their national harmony in serious jeopardy. All that creates troubles for the governments and administration looks in state of utter turmoil and destabilization. “Modern international law”, Rajagopal states, “explains international change as an elitist process of voluntarism or social functionalism.  The latter means that social demands lead to changes in law and the former that elites accept changes as rational.”  But in real and practical sense, laws have never been made or implemented by the will of common man. Secondly, international laws do not support the cause of the third world masses; on the other hand, the makers of international law have always performed against the interests of common man of poor countries. The capitalist economic system of western powers is direct threat to the human rights and national stability of poor countries. In other words, it is the part of their campaign for the political and cultural dominance over Third World. CHAPTER 9 The author describes the need and significance of human rights, and looks for the observance of the same by all the countries. International law ties all the nations to respect human rights and the violation should be discouraged and condemned without discrimination. The author laments on human violations committed by Americans in Abu Ghuraib Prisons, Gwantanamo Bay and other parts of the world. The author suggests that the international law should protect all the humans with no prejudice, and penalties must be applied to aggressors ignoring that how much influential he is, or from any country he belongs to. There is an urgent need of deciding which type of resistance as well as social movement is valid and vice versa. The governments of third world countries must be specific in the protection of their masses. Further, universality of the theme while defining violence, resistance and terms related to social movements must be clarified to promote international justice, law and equality all over the world. The discourse of human rights must be determined and described by the state, he argues. Rajagopal also states World Wildlife Fund and its conversion to environment protection, and decides that the international law should be enforced to save the humanity and human environment on the grounds of justice and equality. Imperialism, Sovereignty and the Making of International Law By Antony Anghie (BOOK SUMMARY) CHAPTER 1 “Imperialism, Sovereignty and the Making of International Law” is one of the most reputed books on the discipline of international Law by Antony Anghie. The writer advocates the idea regarding improvement and revision of imperial interests for all these, according to him, are necessary for prevailing social norms, values, mores, structure and functioning of the socioeconomic set up as well as for the implication of free, fair and equal rule of provisions of international law. The author concurs with the sixteenth century Spanish theologian, thinker and analyst Francisco de Vitoria’s theory against the expanding colonization campaigns of European countries. Vitoria was in favor of the Spanish imposition on the American inhabitants, though he refuted the idea of enforcing royal imperialism on India. Anghie is of the opinion that the concept of sovereignty gave birth to the idea of formation of International law in the minds of big powers of the world. He looks in agreement with Rajagopal in his statement that economic and cultural exploitation of the non-European countries was the basic motive behind all the campaign of introducing and implementing the sections of international law. Anghie views colonial conflict as the dominating factor just to suppress the Third World and subjugate its peoples. Both Rajagopal and Anghie look in consensus on the issue of the interrelationship between imperialism and international law. Both the legal scholars find the roots of contemporary western policies as the continuance of the west’s lust to rule and dominate the world forever. There is slight difference between the two. Rajagopal maintains the western policies focused on Christians, while Anghie views the strategy as Eurocentric. CHAPTER 2 Chapter 2 of the book discusses the European colonial race in different parts of the world. Anghie has defined the term “periphery”, where he means the boundary line of interests drawn between the Europeans and non-Europeans by the developed countries. The phrases like uncivilized, developing, poor, third world and like----all depict the Western concepts of peripheries for the non-European nations. There is division of civilized and uncivilized nations, where the west considers itself the civilized one. The USA’s campaign against terrorism is also the part of obtaining more sovereignty over the uncivilized societies of developing countries. Anghie declares his findings as ‘an alternative history of sovereignty.’ The historians start writing history of International Law from the Peace of Westphalia, whereas Anghie seeks its roots in sixteenth century colonialism, where European imperialism and the rest of the globe were in serious conflict commenced by the formers to enslave the latter. The author challenges the authority, validity, universality and impartiality of the international law by declaring it the protector of the benefits of the European nations at large. Further elaborating the international law, Anghie argues that the implementation of this law is the continuity of the colonialism. The International law, according to the author, provides shelter to imperialism and socioeconomic and cultural domination to the developed nations in the name of law and aid. The European countries including England, France, Spain, Portugal and others were hungry to capture the lands and states of Asia and Africa to rule over them and get free raw material for their industries. Moreover, they required markets for the sale of their finished products. Anghie states that from sixteenth century till the establishment of League of Nations, the Europeans ruled over the world with the help of forces and strong military aggression. Now, it had become very hard for them to rule by force, as the world had waked up from the deep sleep of ignorance and barbarism. After World War I and II, the European made further advancements in technology and industrialization. In addition, they devised international laws out of their own choice to dominate economically, socially and culturally over the areas which were under their control before WWII. CHAPTER 3 Antony Anghie maintains the very fact that the so called ‘civilizing mission’ and the ‘dynamic of difference’ launched by the Europeans have been central to the development of the doctrine of sovereignty, rather than providing system of justice to humanity. The Mandate System introduced by the League of Nations meant authorizing self government to the native people, but in practice, it produced local agents for the Europeans in the modern socio-cultural set up. Talking about Mandate System articulated by the League of Nations, Anghie submits that it was colonialism that figured out almost all the international institutions. The basic motive, behind that all, was the preserving of colonialism though in some other form for the subjugation of the Third World. “The formal positivist criteria of statehood”, according to Anghie, “was transformed from mere criteria into projects to be undertaken by the Mandate System.” (2003: 189). The Europeans tried to mitigate racism as well as used alternate terminology in place of uncivilized etc for developing and Third World countries. The concept keeps equal meanings for both Rajagopal and Anghie. Both of them agree at this point that the Mandate System had increased the influence of European culture and civilization over the societies, which were under the control of the west in past. The management of mandate system is not fair at all, and the people of the ex-colonies are still lagging far behind in the race of socioeconomic uplift. The Mandate system is mere an eyewash in the name of authority that is deceiving the innocent people of Third World. The Mandate system is the point where all future form of dominance revolves, the author submits. CHAPTER 4 This chapter identifies the latest methodology adopted by the European countries to ensnare the Third World in the trap of neo-colonialism. Anghie views that the Mandate System plays the most formidable role in the course imagined and performed by the rich world. Anghie outlines the roots of the so called civilizing mission that possesses conspiracy of inflicting their own strategies indirectly. The Third World, by this time, seems at the stage of demonstrating resistance to such policies. Somehow, the great powers are engaged in splitting the nations in the name of religion, race, gender, region, community and others. The unity of a Third World nation may lead the plans of the west in jeopardy. It is therefore, the US forces are giving air to the sectarian violence by promoting differences between the two major sects of Iraq. In the same was, ethnocentrism is also dividing the individuals in Afghanistan, Iraq and other parts of the world. Anghie also discusses the Bretton Woods Institutions, and criticizes their role and policies. The Bretton Woods International has shown the Third World countries the way of beggary and dependence on foreign loans and aids. Relying upon the international institutions is the part of today’s third world management, which looks quite unaware of the consequences of dependency. These institutions are giving directions in respect of internal and external policies of these wretched countries, which are prey to the tactics of their foreign masters. Anghie opines the move to adopt the western strategies of so called good governance according to the standards determined and defined by the western powers simply display the enforcement of their own culture stating it the rule of international law. The third world looks in a state of topsy tervy in respect of discovering the real objective behind that all. They forget that one single policy cannot be the feature as well as future of each and every sovereign state of the world. How much advantages a democratic system contains, yet it cannot become the fate of all societies. In the same way, if US and UK believe in democracy, they should surrender the power to Vito and submit to the decision taken by the majority of the sovereign states. Taking all the characteristics of the European powers strengthens the very idea that the colonialism is in the process of reproduction in the form of statutes of international law. A state cannot make progress, as the west thinks, by applying democracy in the country. Good governance requires independent decisions without any coercion from foreign institutions and states. The statutes of International Law cannot be seen eye to eye with; rather, these must be based on the principles of justice, equality and unbiased ness. The foundations of the UNO and its sub-ordinate institutions have been put with the feelings of prejudice and biased ness. It is therefore, the UNO looks upon the rights of poor countries through colored spectacles. CHAPTER 5 The present chapter describes the notorious war on terrorism commenced by the USA in order to gain more and more economic and strategic powers in the oil-rich Gulf area of the Middle East as well as to threat the Russian influence in the region. The writer considers it quite odd to launch a war which has no end. He perhaps means to say that lust sees no satisfaction. The USA attacked the wretched Iraq with the mission to bring civilizations and democracy in a country where a dictator was at the helm of the affairs of the state. The writer condemns this notion vehemently and argues that it is not only the democratic government that is necessary for the development of a country. Good governance can be achieved by freedom and independence rather working under the sway of neo-colonialism, as the USA is playing its role in many parts of the world. In addition, the writer believes that no institution could prove itself successful one in demonstrating that a specific structure of economic system leads towards poverty. Instead, deviation from the independent socioeconomic policies brings poverty and problems for the masses. Both Mandate System and Bretton Woods Institutions added to the miserable fate of the developing countries which see no end of the status quo due to the cruel colonialism of the developed nations supported by the provisions of international law formulated and developed by the same hands, which are responsible for the ill-fate of the Third World Countries. The Bretton Woods Institutions serve as the successors of the condemnable Mandate System, which has entailed long term adversity in the political, economic and social stability of the developing countries dragging the states into misery in the name of development to turn them from uncivilized individuals into proper international citizens. CHAPTER 6 Anghie foresees the revival of colonialism in the pretext of the terrorist attacks on the USA and America’s campaign in its aftermath. At first, Afghanistan was attacked by the USA, which took the plea that Afghan government had sheltered the accused terrorists in its state. The USA destroyed the whole country in order to search out the notorious Ben Laden, but the Allied forces could not discover him even after the six years long campaign. Iraq had no role in the terrorists attack. She even is not able enough to defend herself from foreign invasion. But she was also attacked four years ago in March 2003. The forces are unable to stabilize the country both economically and politically, but the economic giants i.e. the USA and the UK are still insisting on attacking other countries like Iran, North Korea and Syria too. It simply reflects their lust for power and resources to develop the concept of neo-colonialism in the contemporary world with the help of the UNO and all its sub-ordinate institutions. CONCLUSION The book is undoubtedly empirical, thought-provoking and challenging. The writer has very skillfully argued that international law contains the concept of imperialism under the clock of mockery and deceit. Anghie does not agree with the developed countries notion of freeing the third world from the clutches of backwardness and poverty. Rather, the writer argues, the growth of international institutions has worsened the situation in developing countries. Anghie has very successfully revealed the tactics of the developed countries by describing all regarding the roots and foundations of the colonialism as well as their longings to subjugate the world under their obnoxious bend. Thus, the vicious cycle of colonial regeneration and recurrence has become so well-established that even no nation can successfully attempt to get rid of it altogether. The efforts made by the developing countries to avoid it indirectly strengthen its foundation, and the reproduction process of colonialism commences with the help of western strategies and the blunders of the leaders of third world countries. Unfortunately, the writer himself appears helpless in producing the solution of this deep-rooted problem that is widening the gulf between the haves and haves-not i.e. the developed and developing. NAME CHANGE WHILE REPLICATING THE MAIN FLAW : FROM THE UN HUMAN RIGHTS COMMISSION TO THE HUMAN RIGHTS COUNCIL (SUMMARY) The basic motive behind the creation of he UNO was to safeguard the human rights all over the globe without discrimination of community, caste, creed, colour, complexion, race, region, religion, gender, age and nationality. Various articles, sections and provisions of international law define the significance of human rights, though it had never been in practice in case of developing countries. It is therefore the US representative in UNO did not agree with the change of the name from Commission for Human Rights to Human Rights Council in order to bring changes in its work suggested by Kofi Annan, the then secretary general of the organization. The writer looks for the need of the improvement of the organization for the protection of human rights, and mere alteration of title meant nothing to him. The basic matter is freeing the institutions from getting politicized, rather making alterations in title of the institution. Improvement in behavior and attitude of the members of the council is first and foremost thing. The members should make efforts in discarding the violations against human rights, and should come forward to practically condemn the human rights abuses and exploitation. The reformation of the whole organization is order of the day that will lead to the correction of all the sub-ordinate institutions. The practical discouragement of biased ness on the basis of religion, race, region, gender and community is very necessary for the promotion of human rights. Government representatives must be expelled to replace independent experts to make the organization transparent and neutral in all aspects. Furthermore, the organization must be free from the pollution of prejudice and politics. If a country is tried on the basis of a crime, no other must be allowed to commit the same. It is most appropriate at the time when the nuclear powers like the USA, UK, France, Russia and China strife to impose sanctions on Iraq, Iran, North Korea, Pakistan and others on even starting the process for even energy purposes. Many western critics have concern over the membership of Russia, China, Arabia and others for human violation. But they forget their own crimes committed in all parts of globe. They must also be punished on humanitarian grounds rather forgiving them because they are either Europeans or Christians. Similarly, the criminals who violated human rights in Iraq, Afghanistan, Chechnya, Gwantanomay Bay and other places of the world must also be prosecuted and tried on the same grounds as it is done with the helpless people belonging to weak and developing countries. In the same way chairmanship of the organization and sub-ordinate institutions should be given by rotation. It will be significant in combating western prejudice from the UNO. REFERENCES Anghie, Antony. Imperialism, Sovereignty and the Making of International Law. Cambridge University Press, 2005. Rajagopal, Balakrishnan “International Law from Below: Development, Social Movements and Third World Resistance.” Cambridge University Press, 2003 Read More